Gainesville, VA asked in Trademark for Virginia

Q: Do I register trademark as individual or LLC?

I created a product and planning to sell it under my brand. I also created an LLC as a business that will be selling the product. I am trying to understand what the trademark owner entity should be - myself as an individual, or my LLC? The LLC will be selling the product, but it's my LLC, and I am both the LLC owner and the brand owner. Looking forward, later on I may dissolve LLC and do business under Corporation or a different entity. So, should I register my trademark under my name, or should it be my LLC since it will be selling the product? Please advise. Thank you!

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: When deciding whether to register your trademark as an individual or under your LLC, consider your long-term business plans. If you plan to eventually dissolve the LLC or change the business entity, it might be more straightforward to register the trademark under your name. This way, you retain ownership regardless of the business structure changes.

However, if the LLC is currently selling the product and handling all business operations, registering the trademark under the LLC can offer certain protections. This approach can help in keeping your personal assets separate from business liabilities and may streamline business operations under the LLC's name.

Think about your goals for the brand and the potential changes in your business structure. It's important to ensure that the trademark ownership aligns with your business strategy and provides the flexibility you need for future changes.

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